642                             LAWS OF MARYLAND                      [CH. 293

matical errors in said existing sections of the Unfair Cigarette
Sales Act, and to further provide that present licensees shall be
allowed to renew such licenses.

Section 1. Be it enacted by the General Assembly of Maryland,
That Sections 116, 117(g), 118, and 119(a), (c) and (d) of Article
83 of the Annotated Code of Maryland (1965 Replacement Volume),
title "Sales and Notices" subtitle "Unfair Cigarette Sales Act" be
and they are hereby repealed and re-enacted with amendments, that
Section 117(c) of said Article and subtitle of the Code, be and it is
hereby repealed and that new Section 117(c) be and it is hereby
enacted in lieu thereof, to stand in the place of the Section repealed,
and all to read as follows:

116.

No retailer or wholesaler, with intent to injure a competitor or
competitors, or with intent to destroy or substantially lessen com-
petition, shall sell at retail or wholesale cigarettes at less than cost
[to] of the retailer or wholesaler, as the case may be, and no retailer
shall purchase from a wholesaler, cigarettes at less than cost of the
wholesaler, either directly or indirectly by any means or devise what-
ever, including but not limited to offering or accepting or inducing or
attempting to induce a rebate in price [of] or a concession of any
kind in connection with the sale or purchase of cigarettes.

117.

[(c) "Wholesaler" included any person in the business of making
sales of cigarettes at wholesale in this State whether such cigarettes
have been purchased directly from the manufacturer or from any
other person.]

(c) "Wholesaler" shall include any person who:

(1)  purchases cigarettes directly from the manufacturer; or

(2)  as "sub-wholesaler" purchases cigarettes from wholesalers who
buy directly from the manufacturer, and who, as such "sub-whole-
saler" acquires such cigarettes solely for the purpose of bona fide
resale to retail dealers (other than ones owned, affiliated or con-
trolled, directly or indirectly, by the sub-wholesaler), and who, as
such "sub-wholesaler," services such retail outlets by the maintenance
of an established place of business for the sale of cigarettes, includ-
ing, but not limited to, the maintenance of warehouse facilities,
adequate inventory, proper accounting records and necessary equip-
ment and vehicles for the storage and distribution of cigarettes.

(g) "Sell cigarettes at wholesale," "wholesale sales of cigarettes,"
"sales of cigarettes at wholesale," and similar expressions include
any sale whereby cigarettes are sold for a valuable consideration, in
the ordinary course of trade or in the usual conduct of the seller's
business to a retailer (other than a vending machine operator or
sub-wholesaler as herein defined) for the bona fide purpose of resale,
and include any such transfer of cigarettes on consignment or other-
wise where title is retained by the seller as security for the payment
of the purchase price.